Brown v. Jojo-Ab, Inc

I concur in the majority’s resolution of the first two issues raised by plaintiff in this appeal. However, I respectfully dissent from the conclusion reached by the majority regarding the effect of the notice provision set forth in MCL 436.22(5); MSA 18.993(5).

Our Supreme Court has held that such statutory notice provisions are not unconstitutional per se. Carver v McKernan, 390 Mich 96, 99-100; 211 NW2d 24 (1973). Nevertheless, the Court has also clearly expressed its disapproval of this type of requirement:

*213At the outset, we acknowledge frankly that statutes which limit access to the courts…